International Tribunal for the Law of the Sea

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Rocks in the Law of the Sea: Some comments on the South China Sea Arbitration Award

February 25, 2021

Article 121(2) of the United Nations Convention on the Law of the Sea (the Convention) stipulates that “the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to other land territory.” According to the International Court of Justice, this rule has the status of customary law (Territorial and Maritime Dispute (Nicaragua v. Colombia), p.674, §139) and gives islands major importance in determining maritime spaces. It does however have an exception. According to paragraph 3 of the same article, “[r]ocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.” These rocks generate rights only to a territorial sea and a contiguous zone. This text of critical importance has been widely commented (see Kolb, Karagiannis, Dipla, Boré Eveno, and various contributions in Forteau and Thouvenin) and was interpreted for the first time in the South China Sea Arbitration award of…

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The Curious Case of the ‘Legal Effect’ of ICJ Advisory Opinions in the Mauritius/Maldives Maritime Boundary Dispute

February 5, 2021

On Thursday 28 January, the ITLOS Special Chamber delivered its judgment on the admissibility of the Dispute concerning the delimitation of the maritime boundary between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives). One of the key issues was the Maldives’ contention that the ongoing dispute between Mauritius and the UK over the Chagos Islands precluded the…

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Comments on Coastal and Flag State Jurisdiction in the M/T “San Padre Pio” Dispute

September 3, 2019

The M/T “San Padre Pio” dispute between Switzerland and Nigeria arose following the interception and arrest by the Nigerian navy of the M/T “San Padre Pio” – a Swiss flagged tanker – while this was engaged in one of several Ship-to-Ship (STS) transfers of gasoil in the vicinity of the Odudu Oil Field within Nigeria’s Exclusive Economic Zone…

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Comments on ITLOS, M/T “San Padre Pio” Case (Switzerland v. Nigeria), Provisional Measures Order (6 July 2019)

July 31, 2019

Introduction On July 6, 2019, International Tribunal for the Law of the Sea (ITLOS) delivered its provisional measures order in the M/T “San Padre Pio” case between Switzerland and Nigeria. The summary of the case is available here. In short, the Nigerian navy intercepted and arrested the M/T “San Padre Pio,” a motor tanker…

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Deep Seabed Mining in the Area: is international investment law relevant?

July 10, 2019

The last decade has seen a renewed interest in the commercial exploitation of deep seabed minerals located beyond national jurisdiction. However, the respective responsibilities of deep sea miners and of their sponsoring states in this process have not been clarified fully. This short piece argues that international investment law is part of the legal framework applicable…

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